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David Maddox v. James A. Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 27, 2012

DAVID MADDOX,
PLAINTIFF,
v.
JAMES A. YATES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER DENYING PLAINTIFF'S PITCHESS MOTION (ECF No. 74)

This action is set for jury trial on April 5, 2012, before the Honorable Michael J. Seng.

Plaintiff has filed a "Pitchess Motion" by which he seeks to obtain officer personnel files. (ECF No. 74.) Plaintiff seeks to obtain the personal file of Defendant Battle. (Id.) Plaintiff also seeks to obtain the personnel files of F. Martinez, C. Vang, J. Carr, D. Temple, H. Foster, and A. Carpenter, all of whom are named as potential witnesses in Defendant Battle's pretrial statement. (Id.; ECF No. 62.) Plaintiff seeks to discover relevant information, such as prior uses of excessive force, ethnic bias, falsification of information, or planting of evidence. (ECF No. 74.)*fn1

Plaintiff's motion is an untimely discovery request. In its Pretrial Order, the Court reminded Plaintiff that discovery was closed. (ECF No. 62 at 8.) Plaintiff was given until February 29, 2012 to file objections to the Pretrial Order. (Id.) Plaintiff did not file any objection. . Pursuant to Rule 16(e) of the Federal Rules of Civil Procedure, the Court may only modify the Pretrial Order "to prevent manifest injustice." Plaintiff has not shown that there is any danger of manifest injustice if discovery is not reopened.

Accordingly, Plaintiff's "Pitchess Motion" (ECF No. 74) is DENIED.

IT IS SO ORDERED.


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